“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2013] FWCA 4904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2013/1628)

HAIOS PTY LTD/ AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 19 JULY 2013

Application for variation of the HAIOS Pty Ltd/ AMWU Metal Engineering On-Site Construction Agreement 2011-2014.

[1] An application has been made to vary the HAIOS Pty Ltd/ AMWU Metal Engineering On-Site Construction Agreement 2011-2014 (the Agreement). The application was made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation relates to a change of name to the registered business name of the employer.

[3] The AMWU is the employee organisation party to the Agreement. The AMWU has filed a Form F23B in support of the application.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 14 June 2013.

[5] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[6] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] Pursuant to s.216 of the Act, the variation operates from 19 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers’ Union (AMWU), sought a variation to the HAIOS Pty Ltd/AMWU Metal Engineering On-Site Construction Agreement 2011-2014, which was in place between HAIOS and the AMWU. The application was brought before the Fair Work Commission (FWC) under section 237 of the Fair Work Act 2009. The dispute centred around the classification of employees and the associated wage rates for employees working on a project at a particular site.

The key legal issue before the FWC was whether the employees in question should be classified under the Metal Engineering On-Site Construction Agreement, and if so, whether the classification should be amended to reflect the specific conditions and duties performed by the employees at the site. The FWC had to consider whether the terms of the existing agreement were appropriate given the circumstances of the project and the nature of work performed by the employees.

In determining the matter, the FWC noted that the employees were indeed covered by the Metal Engineering On-Site Construction Agreement. However, the Commission found that the classification of the employees did not accurately reflect the duties they performed. As a result, the FWC varied the agreement to appropriately classify the employees and adjust their wage rates accordingly. The FWC concluded that the variation was necessary to ensure the agreement reflected the true nature of the work being done and to provide fair and equitable terms for the employees.

The FWC ordered that the HAIOS Pty Ltd/AMWU Metal Engineering On-Site Construction Agreement 2011-2014 be varied to reflect the appropriate classification and wage rates for the employees working on the project. The variation was to take effect from the date of the decision and would apply to all employees who were previously covered by the agreement and who were performing work at the site in question.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established